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Police Santa Clara County Penal Codes
Police Santa Clara County Penal Codes
99
Law
Undergraduate 4
09/08/2012

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Cards

Term
148 PC
Definition
Resisting Peace Officer in the Discharge of Their Duties (MISDEMEANOR)

-Every person who
-Willfully resists, delays, or obstructs
-Any public officer, peace officer, or emergency
technician
-In the discharge or attempt to discharge
-Any duty of that officer’s office or employment
Term
187 PC
Definition
Murder (FELONY)

-Unlawful killing of a human being or fetus
-With malice aforethought
Term
207 PC
Definition
Kidnapping (FELONY)

- Unlawful taking of a person
- Against his or her will
- By force or fear
- From one place to another
Term
211 PC
Definition
Robbery (FELONY)

- Taking of personal property of another
- From the person or immediate presence
- Against the person’s will
- By means of force or fear
Term
211A PC
Definition
Armed Robbery (FELONY)
Term
211PS PC
Definition
Robbery - Purse Snatch
Term
211SA PC
Definition
Strong Armed Robbery
Term
220 PC
Definition
Assault with Intent to Commit Mayhem or Sex Crimes (FELONY)

- Assault
- with specific intent
- to commit mayhem, rape, sodomy, oral copulation,
rape in concert, lewd acts with a child, or penetration
with a foreign object
Term
240 PC
Definition
Assault (MISD)

- Unlawful attempt, and
- the present ability
- to commit a violent injury
- upon the person of another
Term
241 PC
Definition
Assault on an officer (MISD)

-Assault on an officer
- engaged in the lawful performance of his/her duties
Term
242 PC
Definition
Battery (MISD)

-Willful and unlawful
- use of force or violence
- on the person of another
Term
243 PC
Definition
Battery on an Officer (MISD)

- Battery on an officer
- engaged in the lawful performance of his/her duties
Term
245 PC
Definition
Assault with a Deadly Weapon (FELONY)

- Unlawful attempt, and
- the present ability
- to commit a violent injury
- upon the person of another
- by use of a deadly weapon
-or force likely to produce great bodily injury
Term
246 PC
Definition
Shooting Into a Occupied Vehicle or
Inhabited Dwelling (FELONY)

- Any person who
- maliciously and willfully
- discharges a firearm
- at an
- inhabited dwelling house
- inhabited house car
- inhabited camper
- occupied building,
- occupied motor vehicle, or
- occupied aircraft
Term
261 PC
Definition
Rape (FELONY)

- An act of penile/vaginal intercourse which is committed
- with a person, not the spouse of the perpetrator, and
- without the consent of the person
Term
261.5 PC
Definition
Unlawful Sexual Intercourse (Age
difference 3 years or less: Misd. All other cases FELONY)

- Sexual intercourse
- with a minor under the age of 18
- who is not the spouse of the perpetrator
Term
273A PC
Definition
Child abuse
Term
273D PC
Definition
Child Beating
Term
273.5 PC
Definition
Spouse Beating (FELONY)

- The person willfully inflicts injury upon another
person,
- the other person is a spouse, former spouse,
cohabitant, former cohabitant, or they have a child in
common, and
- the injury must be an actual physical injury. It can
be internal or external, minor or serious
Term
277 PC
Definition
Child Stealing (FELONY)

- In the absence of a court order determining rights of
custody or visitation to a minor
- every person having a right of custody of the child
who
- maliciously takes, detains, conceals, or entices away
that child
- within or without the state, without good cause, and
- with the intent to deprive the custody right of
another person or public agency also having a right of
custody to that child
Term
288 PC
Definition
Sex Offenses / Oral Copulation (FELONY)

- The act of copulating the mouth of one person
- With the sex organ of another person
- Without consent of the victim
Term
300 W
Definition
Under Jurisdiction of Juvenile Court
Term
314 PC
Definition
Indecent Exposure (MISDEMEANOR)

- Every person who
- willfully and lewdly,
- exposes private parts
- where others are present
Term
415 PC
Definition
Disturbance (Misdemeanor)

- A person who unlawfully fights, challenges a person to fight, in a public place
Term
415N
Definition
Disturbance, Neighbor
Term
415UNK
Definition
Disturbance, Unknown
Term
415W
Definition
Disturbance, Weapon
Term
415A
Definition
Disturbance, Fight
Term
415F
Definition
Disturbance, Family
Term
415FC
Definition
Disturbance, Firecrackers
Term
415G
Definition
Disturbance, Gang
Term
415J
Definition
Disturbance, Juvenile
Term
415M
Definition
Disturbance, Music
Term
415MC
Definition
Disturbance, Motorcycle
Term
417 PC
Definition
Brandishing a Weapon (MISDEMEANOR)

- Any person who
- except in self-defense
- in the presence of another
- Draws or exhibits a deadly weapon in a rude, angry, or threatening manner, or
-unlawfully uses a deadly weapon in a fight or quarrel.
Term
451 PC
Definition
Arson (FELONY)

- Willfully and maliciously
- setting fire to, burning or causes to be burned or
- aids, counsels, or procures the burning of
- any structure, forest land, or property.
Term
459 PC
Definition
Burglary (FELONY)

- Entry in a building or structure
- with intent to commit a theft or felony
Term
459R
Definition
Burglary Report
Term
459VEH
Definition
Burglary, Vehicle
Term
470 PC
Definition
Forgery
Term
476A PC
Definition
Bad Checks
Term
484 PC
Definition
Theft

- Taking and moving personal property of another without consent
- with intent to permanently deprive owner
Term
484GAS
Definition
Theft of gas
Term
487 PC
Definition
Grand Theft (FELONY)

- Theft in excess of $950
- (Note that there are some lower $ exceptions!)
Term
488 PC
Definition
Petty Theft (MISDEMEANOR)

- Theft less than $950
Term
496 PC
Definition
Receiving/Possession of Stolen Property (FELONY)

- Knowingly buy, receive, sell, conceal, withhold, any property obtained by theft or extortion
Term
518 PC
Definition
Extortion (FELONY)

- Obtaining property of another with consent
- induced by wrongful use of force or fear, or
- under color of authority
Term
537 PC
Definition
Defrauding an Innkeeper
Term
594 PC
Definition
Malicious Mischief / Vandalism (MISDEMEANOR/FELONY if excess of $400)

- Malicious intent
- to deface, damage, or destroy
- personal or real property
- not their own
Term
597 PC
Definition
Cruelty to Animals(FELONY)

- Every person who
- maliciously and intentionally
- maims, mutilates, tortures, wounds, or kills
- a living animal
Term
601 W
Definition
Uncontrollable juvenile
Term
601T
Definition
Truant
Term
602 W
Definition
Juvenile Violating Court Order
Term
602 PC
Definition
Trespassing (MISDEMEANOR)

- Entering or occupying
- Real property or structure
- without consent
- and refusing to leave property upon request
Term
647B
Definition
Prostitution (MISDEMEANOR)

- Soliciting or agree to engage in act of prostitution
Term
647F PC
Definition
Drunk in Public (MISDEMEANOR)

- Under influence of intoxicating liquor in public
- in a condition not to be able to take care of the safety of themselves or others
Term
653M PC
Definition
Obscene or harassing phone calls
Term
3056 PC
Definition
Parole violation
Term
4532 PC
Definition
Escape
Term
5150 W
Definition
Mentally Disturbed Person
Term
135 PC
Definition
Destroy evidence - misdemeanor
Term
142 PC
Definition
Police refuse to arrest or receive crime offender - felony
Term
148a PC
Definition
Resist, delay or obstruct peace officer - misdemeanor
Term
148b PC
Definition
Removal of officers weapon - felony
Term
148c PC
Definition
Removing officers firearm - felony
Term
148.3 PC
Definition
False emergency report - misdemeanor
Term
148.5 PC
Definition
False crime report - misdemeanor
Term
148.9 PC
Definition
False ID - misdemeanor
Term
149 PC
Definition
Assault or batter under color of authority - felony
Term
529 PC
Definition
False impersonation of another - felony
Term
834 PC
Definition
Arrest - reference
Term
835a PC
Definition
How to arrest - reference
Term
836 PC
Definition
Powers of arrest - reference
Term
836.1 PC
Definition
Assault or battery on a peace officer, EMT, paramedic or firefighter may be arrested even when not committed in your presence.
Term
836.6 PC
Definition
Escape, or attempt to escape, from custody - misdemeanor(felony if bodily injury)
Term
837 PC
Definition
Private person arrest - reference
Term
840 PC
Definition
Time restrictions - misdemeanor or infraction arrest cannot be made between 10 PM and 6 AM of the next day - reference
Term
844 PC
Definition
Forcing entry to arrest - reference
Term
849b PC
Definition
Peace officer may release from custody for insufficient grounds or no further proceedings are desirable - reference
Term
189 PC
Definition
Murder; 1st Degree (REFERENCE)
Term
192 PC
Definition
Manslaughter - Unlawful killing without malice (FELONY)
Term
196 PC
Definition
Justifiable homicide by public officer (REFERENCE)
Term
197 PC
Definition
Justifiable homicide by person (REFERENCE)
Term
203 PC
Definition
Mayhem - Unlawfully and maliciously depriving human being of body part (FELONY)
Term
236 PC
Definition
False imprisonment - Unlawfully violate the liberty of another (MISDEMEANOR) ; (FELONY)if effected by violence, menace, fraud, deceit)
Term
381 PC
Definition
Toluene or mixture; possess for intoxication to dull the senses by ingesting or inhaling (MISDEMEANOR)
Term
186.22 PC
Definition
Gang members participate in a pattern of criminal activity and promote others in a felony crime - Felony
Term
626.9 PC
Definition
Possess firearm within '1000 from school - Felony
Term
626.10 PC
Definition
Possess weapon on schoolground - Felony
Term
626.95 PC
Definition
Carry or brandish a loaded or unloaded firearm on playground - Felony
Term
12316c PC
Definition
Selling or furnishing ammunition or firearm to minor or -21 - Felony
Term
302 PC
Definition
Disturbing within or near religious meeting place - Misdemeanor
Term
403 PC
Definition
Disturbing lawful public assembly - Misdemeanor
Term
404 PC
Definition
Riot by 2 or more persons acting together - Misdemeanor
Term
405a PC
Definition
Lynching, taking person in legal custody from officer - Felony
Term
406 PC
Definition
Rout, inciting a riot - Misdemeanor
Term
407 PC
Definition
Unlawful assembly by two ore more people to commit a lawful or unlawful act in a loud and boisterous manner - Misdemeanor
Term
409.5c PC
Definition
Closed disaster area - Misdemeanor
Term
416a PC
Definition
Refuse to disperse - Misdemeanor
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